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10 Jun 2019, 9:56 am
Supplement retailers are also under pressure from the Plaintiff’s bar. [read post]
10 Jun 2019, 7:48 am
In addition, the plaintiff alleges that the defendant violated part of the Iowa code by terminating the plaintiff for refusing a drug test. [read post]
10 Jun 2019, 6:00 am
Here, Plaintiffs failed to specifically challenge the delegation provision before the trial court. [read post]
10 Jun 2019, 2:00 am
The only requirement for recovering these damages is that they must be fair and reasonable based on how much an injury has affected the quality of life of the plaintiff. [read post]
10 Jun 2019, 2:00 am
The only requirement for recovering these damages is that they must be fair and reasonable based on how much an injury has affected the quality of life of the plaintiff. [read post]
8 Jun 2019, 5:43 am
Slip Op. 03855 (3 Dept., 2019) the Plaintiff (wife) and defendant (husband) were married in 2003 and had one child (born in 2002). [read post]
7 Jun 2019, 1:31 pm
Neither the WPL nor its regulations differentiate between an employee and an independent contractor, however the New Jersey Supreme Court held that in distinguishing the two, courts may apply the ABC Test, which is taken from the New Jersey Unemployment Compensation Act. [read post]
7 Jun 2019, 9:54 am
Plaintiff filed suit against defendant related to a slip and fall accident. [read post]
7 Jun 2019, 8:00 am
Michael Mendola, ordered blood tests and a CT scan of the head. [read post]
7 Jun 2019, 6:55 am
After years of ping-ponging on the issue of evidence admissibility standards in Florida courts – weighing the long-standing, more relaxed Frye test versus the more rigorous Daubert analysis – it seems the Florida Supreme Court has made a final decision. [read post]
6 Jun 2019, 1:44 pm
” Asserting the relevant test in this regard should ask whether the agency’s action is allowing or limiting land uses, counsel argued this has always been the way courts have looked at the issue dating back to the seminal CEQA decision of Bozung. [read post]
6 Jun 2019, 1:12 pm
The Court ruled that there is a two-part test to prove spoliation of evidence. [read post]
6 Jun 2019, 9:02 am
[Note that the Ninth Circuit just uses Rogers even when the plaintiff’s mark is for expressive works too; I think this is probably the better approach, at the very least for the content of works as this use is—the picture appeared in the middle of the story.]Notably, nominative fair use was no help to defendants because of the Second Circuit’s bizarre loading of the NFU factors into the usual multifactor test in IISSCC. [read post]
6 Jun 2019, 4:00 am
Although governments are the primary plaintiffs in most climate tort suits, the PR value of deploying a real human victim as plaintiff is considerable. [read post]
5 Jun 2019, 9:58 am
Last year the plaintiffs asked the Supreme Court to review the D.C. [read post]
5 Jun 2019, 9:04 am
When he presented to the defendant hospital for further treatment, his belief was that his medical issues were caused by a sexually transmitted disease; however, all of his STD tests came back negative. [read post]
5 Jun 2019, 3:50 am
Bartlett, in which the court held that a plaintiff’s First Amendment retaliatory-arrest claim failed because police officers had probable cause to arrest him. [read post]
4 Jun 2019, 9:30 pm
I have met great colleagues whose research tests conventional boundaries of law and legality. [read post]
4 Jun 2019, 2:01 pm
But the fact is that snack food manufacturers invest an incredible amount of time, money, and resources into crafting recipes that are perfectly addictive, then test and retest those recipes before they start putting them on shelves. [read post]
3 Jun 2019, 1:20 pm
" … The courts that have considered this issue have framed the relevant inquiry as a balancing test that weighs the plaintiff's need for anonymity against countervailing interests in full disclosure…. [read post]